Post by REALITY on Apr 4, 2007 21:15:17 GMT -5
Local lawyer suspended; Robertson admits to misconduct in his handling of a family court matter
SCOTT DUNN
Wednesday, April 04, 2007
Local News - A Tara-area lawyer was found guilty of professional misconduct by the Law Society of Upper Canada for misleading an Owen Sound lawyer and a Walkerton court judge.
Robert Ian Robertson was suspended for 30 days, starting on a date to be determined, and must pay $5,000 in costs within one year of the March 5 sentencing. The decision was posted on the Law Society's website March 23.
Robertson, who lives just east of Tara and who has a law office listing in Barrie, practices in Owen Sound and Walkerton courts.
His professional misconduct was under the Law Society Act, contrary to the Rules of Professional Conduct. He was found guilty last Jan. 18 and was sentenced March 5, Law Society documents show.
On the third day of Robertson's Law Society hearing in Toronto, he pleaded guilty to "failing to act with good faith" with another lawyer between February and July 2003.
He got an order in a family law matter without notice to the other member and in contravention of the minutes of settlement both entered, the Law Society said.
He also "failed to treat the court with candour," on a July 3, 2003 family court appearance.
The misconduct involved Robertson's actions in a child custody and farm property settlement dispute arising from his client's marital breakup, said Allen Wilford, the lawyer who complained to the Law Society.
Wilford represented the wife, who won custody in an earlier court appearance. Robertson represented her husband, who sought custody himself of their two young children.
Robertson went to court and won custody of the kids for his client and got fixed costs payable by the mother at $7,000, without telling Wilford and without disclosing to the court there was an agreement not to make such an application for at least four months. This breached rules governing lawyers' behaviour.
In an interview, Wilford said Robertson should be banned from practicing family law for life.
"I was outraged that he only got a 30-day suspension," said Wilford, who testified at the Law Society hearing. "The real victims here were the children and I can't imagine anyone with any kind of empathy or conscience or awareness doing that to little children.
"Our role is to get between these parties and take the conflict out of it and get the matter resolved . . . not to pour gasoline on it." Local lawyer John Mann said he is a friend and colleague of Robertson's and he noted judges and lawyers wrote letters of support for Robertson to assist in the Law Society hearing. "And frankly I have nothing but the highest regard for Ian Robertson."
Robertson and Wilford reached an interim custody arrangement which specified the husband's child access. Robertson and Wilford filed the minutes of this settlement with the court which spelled this out. The minutes also included a term, which Wilford said Robertson asked for, that neither side would return to court during a four-month review period to see how the custody arrangement worked. Reasons for the hearing panel's decision, including details of the matter, were not available Monday, Law Society spokeswoman Lisa Hall said. But Wilford said details of the incident which prompted the complaint to the Law Society are contained in a July 15, 2003, Ontario Court ruling by Justice M.P. O'Dea.
Wilford asked Justice O'Dea to set aside an order Robertson had just obtained from Justice Robert S.G. MacKenzie on July 3, 2003, which granted child custody to Robertson's client.
MacKenzie granted the custody order during what he was led to believe was an uncontested trial.
O'Dea found Robertson committed an "abuse of process," set aside MacKenzie's ruling, gave the kids back to their mother and awarded costs against Robertson personally, who agreed to pay $7,500.
Robertson argued in his own defence that the court did not have the jurisdiction to set aside the order under the Family Law Rules, that terms of the minutes of settlement were in the court record and so Justice MacKenzie had notice of the terms, that the mother had no standing to bring the motion and that her evidence wasn't clear and credible.
O'Dea wrote that Robertson "deliberately failed to advise Justice MacKenzie" of the agreement not to go back to court for four months, that Robertson "had every opportunity to notify Mr. Wilford that he had rejected the review period agreed upon and deliberately failed to do so."
Had Robertson told MacKenzie about the minutes of settlement and the four-month review period, the judge would have refused the order Robertson sought and would have insisted Wilford be notified, O'Dea wrote.
Robertson could not be reached for comment after repeated attempts. Owen Sound lawyer Clayton Conlan, who represented Robertson at the disciplinary panel hearing, said he couldn't comment without Robertson's agreement.
Robertson's 30 day-appeal period is almost up.
Robertson was called to the bar in 1997. His phone book listing shows his practice is restricted to family and criminal law.
SCOTT DUNN
Wednesday, April 04, 2007
Local News - A Tara-area lawyer was found guilty of professional misconduct by the Law Society of Upper Canada for misleading an Owen Sound lawyer and a Walkerton court judge.
Robert Ian Robertson was suspended for 30 days, starting on a date to be determined, and must pay $5,000 in costs within one year of the March 5 sentencing. The decision was posted on the Law Society's website March 23.
Robertson, who lives just east of Tara and who has a law office listing in Barrie, practices in Owen Sound and Walkerton courts.
His professional misconduct was under the Law Society Act, contrary to the Rules of Professional Conduct. He was found guilty last Jan. 18 and was sentenced March 5, Law Society documents show.
On the third day of Robertson's Law Society hearing in Toronto, he pleaded guilty to "failing to act with good faith" with another lawyer between February and July 2003.
He got an order in a family law matter without notice to the other member and in contravention of the minutes of settlement both entered, the Law Society said.
He also "failed to treat the court with candour," on a July 3, 2003 family court appearance.
The misconduct involved Robertson's actions in a child custody and farm property settlement dispute arising from his client's marital breakup, said Allen Wilford, the lawyer who complained to the Law Society.
Wilford represented the wife, who won custody in an earlier court appearance. Robertson represented her husband, who sought custody himself of their two young children.
Robertson went to court and won custody of the kids for his client and got fixed costs payable by the mother at $7,000, without telling Wilford and without disclosing to the court there was an agreement not to make such an application for at least four months. This breached rules governing lawyers' behaviour.
In an interview, Wilford said Robertson should be banned from practicing family law for life.
"I was outraged that he only got a 30-day suspension," said Wilford, who testified at the Law Society hearing. "The real victims here were the children and I can't imagine anyone with any kind of empathy or conscience or awareness doing that to little children.
"Our role is to get between these parties and take the conflict out of it and get the matter resolved . . . not to pour gasoline on it." Local lawyer John Mann said he is a friend and colleague of Robertson's and he noted judges and lawyers wrote letters of support for Robertson to assist in the Law Society hearing. "And frankly I have nothing but the highest regard for Ian Robertson."
Robertson and Wilford reached an interim custody arrangement which specified the husband's child access. Robertson and Wilford filed the minutes of this settlement with the court which spelled this out. The minutes also included a term, which Wilford said Robertson asked for, that neither side would return to court during a four-month review period to see how the custody arrangement worked. Reasons for the hearing panel's decision, including details of the matter, were not available Monday, Law Society spokeswoman Lisa Hall said. But Wilford said details of the incident which prompted the complaint to the Law Society are contained in a July 15, 2003, Ontario Court ruling by Justice M.P. O'Dea.
Wilford asked Justice O'Dea to set aside an order Robertson had just obtained from Justice Robert S.G. MacKenzie on July 3, 2003, which granted child custody to Robertson's client.
MacKenzie granted the custody order during what he was led to believe was an uncontested trial.
O'Dea found Robertson committed an "abuse of process," set aside MacKenzie's ruling, gave the kids back to their mother and awarded costs against Robertson personally, who agreed to pay $7,500.
Robertson argued in his own defence that the court did not have the jurisdiction to set aside the order under the Family Law Rules, that terms of the minutes of settlement were in the court record and so Justice MacKenzie had notice of the terms, that the mother had no standing to bring the motion and that her evidence wasn't clear and credible.
O'Dea wrote that Robertson "deliberately failed to advise Justice MacKenzie" of the agreement not to go back to court for four months, that Robertson "had every opportunity to notify Mr. Wilford that he had rejected the review period agreed upon and deliberately failed to do so."
Had Robertson told MacKenzie about the minutes of settlement and the four-month review period, the judge would have refused the order Robertson sought and would have insisted Wilford be notified, O'Dea wrote.
Robertson could not be reached for comment after repeated attempts. Owen Sound lawyer Clayton Conlan, who represented Robertson at the disciplinary panel hearing, said he couldn't comment without Robertson's agreement.
Robertson's 30 day-appeal period is almost up.
Robertson was called to the bar in 1997. His phone book listing shows his practice is restricted to family and criminal law.